Complaint #201706805,
August 5, 2016

Officer: Cutler, Joseph
Complainant: American Indian Male, 53
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Mcintosh, Abiola
Complainant: American Indian Male, 53
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Cutler, Joseph American Indian Male, 53 Abuse of Authority: Threat of arrest Unsubstantiated
Mcintosh, Abiola American Indian Male, 53 Abuse of Authority: Threat of arrest Unfounded

Conclusion Meanings:

'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.

Further details on conclusions.


Summary

On August 5, 2016, at approximately 10:30am, at [redacted] in Queens, [redacted] observed his neighbor, [redacted] setting wooden posts ten inches into his land property line.
[redacted] called 911 to report that [redacted] was trespassing into his property. Two officers, identified via the investigation as PO Joseph Cutler and PO Abiola McIntosh, both of the 106th Precinct, responded to the radio run. [redacted] walked with the officers to the backyard in front of his garage. PO Cutler told [redacted] to stay in front of the garage while he and PO McIntosh go to the back of the garage and speak to [redacted].
After approximately 10 minutes, both officers came back to the front of the garage and PO Cutler told [redacted] that this is a civil matter and that there is nothing they can do. [redacted] told PO Cutler that since [redacted] was trespassing on his property, he was going to exercise his rights and remove the posts off of his property and place them back onto [redacted] side of the property. PO Cutler allegedly responded, "If you do that, I will take you to jail" (Allegation A). [redacted] did not respond and the officers left the location. Read report for details.


Details

Incident: August 5, 2016
Received: August 17, 2017
Closed: December 8, 2017

Reason for contact: Report-dispute
Location: Apartment/house
In NYPD 106th Precinct Queens
Outcome: No arrest made or summons issued